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HELGERT v. CITY OF NEW ORLEANS

No. 88-CA-0925.

537 So.2d 394 (1988)

Ruth M. HELGERT v. CITY OF NEW ORLEANS, Maple Gardens Restaurant, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 3, 1989.

Attorney(s) appearing for the Case

Frank J. D'Amico, P.C., Frank J. D'Amico, Jr., New Orleans, for plaintiff/appellant.

Okla Jones, II, City Atty., Don J. Hernandez, Chief Deputy City Atty., Joyce M. Gerdes, Asst. City Atty., New Orleans, for defendants/appellees.

Before SCHOTT, C.J., and WARD and PLOTKIN, JJ.

PLOTKIN, Judge.

Plaintiff Ruth Helgert appeals a trial court judgment in favor of defendant City of New Orleans, claiming that evidence presented at trial showed that the City was strictly liable and that the City had constructive notice of a defect in a City sidewalk which caused her injuries.

Mrs. Helgert suffered a dislocated right elbow about 5 p.m. May 27, 1986 when she fell on her arm after the sidewalk collapsed underneath her in front of the parking...

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